Brackett v. Brackett
Supreme Court of Missouri
Jlyypeal from Pettis County Circuit Court. I. Defendant appeared to the plea in abatement, and that being decided in his favor, the court was authorized (Wagn, Stat., 189-90, § 42) to proceed with the case to final judgment. II. The return on the original summons only shows that defendant was served' in St. Louis county, and this fact being before the court, when judgment was heretofore rendered, it , will be presumed in favor of the judgment that the court had jurisdiction.
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Jlyypeal from Pettis County Circuit Court. I. Defendant appeared to the plea in abatement, and that being decided in his favor, the court was authorized (Wagn, Stat., 189-90, § 42) to proceed with the case to final judgment. II. The return on the original summons only shows that defendant was served' in St. Louis county, and this fact being before the court, when judgment was heretofore rendered, it , will be presumed in favor of the judgment that the court had jurisdiction. (53 Mo., 267.) III. Having failed to set up non-residence and want of jurisdiction at the proper time, it is now too…
1Opinion of the CourtWagner, Judge
When this cause was in this court npon a former occasion, the judgment of the lower court quashing the execution was reversed, because the points made for the appellant did not sufficiently appear in the record as then presented. (Brackett vs. Brackett, 53 Mo., 265.)
After the decision in this court, plaintiff obtained the issuance of a new execution, and the defendant appeared in court, within the time limited by the statute, and moved to set aside the judgment for irregularity, and also to quash the execution. This motion was sustained, and plaintiff appealed. The original proceedings are…
2Cases cited4 opinions
- Morris v. PateSupreme Court of Missouri · 1861
- Doan v. HollySupreme Court of Missouri · 1858
- Brackett v. BrackettSupreme Court of Missouri · 1873
- Hart's Administrator v. WalkerSupreme Court of Missouri · 1860
3Cited by9 opinions
- State v. WearSupreme Court of Missouri · 1898
- State Ex Rel. Auchincloss, Parker & Redpath, Inc. v. HarrisSupreme Court of Missouri · 1942
- Phillips v. EvansSupreme Court of Missouri · 1876
- Showles v. FreemanSupreme Court of Missouri · 1884
- Columbia Brewery Co. v. ForgeyMissouri Court of Appeals · 1909
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